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2024 Michigan Kritik
Fem K Organizing › XT › L: Competitiveness

National competitiveness discourse promotes massive structural violence

Dhruvarajan, PhD, 00

(Vanaja, Globalization: Discourse of Inevitability, and a Quest for a Just and Caring World, Society-Societe, 24:2)

The requirement to have competitive advantage in the global economy so that one does not lose the patronage of companies has led to standards of efficiency that lack humanity. In Mexico, for example, the large-scale agrobusiness has become very efficient and has excellent competitive advantage but workers are not paid even a living wage. While they grow all kinds of fruits and vegetables for export, their own workers cannot afford to buy them. Mexico, in keeping with structural adjustment policies, has promoted large-scale cash crops mostly intended for earning enough money for debt servicing. Fertile lands are allotted to this venture and the water supply is reserved. Meanwhile lands for subsistence agriculture are neglected for lack of water. Subsistence farmers are made to leave their farms in search of work and end up in the slums of big cities, in maquiladaras (free trade zones) or they eke out a living labouring for large agro-businesses. The infant mortality rate is going up. Malnutrition and poverty among children are chronic. As multinationals pollute the air and deplete the environment in their greed for profit maximization, Mexicans are living in an unhealthy environment. Globalization, as many Mexicans testify, is a bad deal (Suzuki 1993). This scenario is played out in many parts of the world as the corporate sponsored globalization sweeps the globe. (3)

2024 Michigan Kritik
Fem K Organizing › XT › I: Turns Case

Critique turns the case- failure to attend to the gendered nature of innovation discourse causes useless or destructive innovations

Calvert, PhD, 13

(Scout, Informatics@DonaldBren, Gendered Narratives of Innovation Through Competition: Lessons From Science and Technology Studies J. of Education for Library and Information Science, Vol. 54, No. 1—(Winter) January 2013)

The demographic composition of these high-status, high-stakes fields matters deeply, particularly in regard to the issue of problem identification. Historians and philosophers of science like Sandra Harding (1991) argue that one reason why representation of women and people of color in the sciences is so crucial is because question setting happens and research agendas are formed from the standpoints of those doing science. This poses at least two problems for the question of competition and innovation in library science. The first problem is about the kinds of questions that will be amenable to solving through competition. Competition requires measures and endpoints at which to measure. Problems that cannot be conceptualized in this way, or which involve holistic, qualitative solutions, will be at a disadvantage for selection. If competition is the motor of innovation, then competitive work risks being about novel ways to turn a profit or increase market efficiencies rather than novel solutions to actual social problems. When competition and innovation are linked, then profit-generating solutions to social problems will be the ones that “win” whether they are best or not. For example, though malaria has long killed far more people than AIDS, it hasn’t been given very much attention, because the people who are at risk are unable to pay for vaccines or cures. Malaria has been a third world problem. Only since one of the world’s richest entrepreneurs, Bill Gates, decided to fund research has this dire issue been given due attention. So when we use competition as a tool to produce innovation, we must ask: what kinds of problems are likely to attract the attention of people who thrive in competitive environments? And what kinds of solutions will be considered acceptable and successful? The second problem for library science is the perspective from which problems are identified and solutions generated. The presumption is that problems identified through competition and tested in markets are of universal interest and common good. Yet power differentiated groups are less able to participate in the measurement of their success (i.e., in the marketplace). And the research questions selected on behalf of marginalized groups may not be problems they would choose to study were they to design the research program. This leaves crucial questions: What kinds of innovation can we expect to emerge from competitive environments, given the kinds of actors who are drawn to them and who succeed in them? What problems will be selected for research and development, given that competitiveness valorizes certain values and points of view while excising others? For example, Cowan (1983) shows that the development of new household technologies did not free women from the domestic sphere. Rather, it allowed women to enter the paid labor force while leaving the gendered division of labor in the home untouched. Domestic technologies developed by those who do not use them, as Cowan shows, actually entailed new levels and expectations of work, paradoxically extending women’s work inside the home. In her study of early electrical communication, Marvin (1998) argues that “men . . . wanted control of all communication conducted through the technology that belonged to them. Rules of expertise that invested the knowledgeable with power over the less knowledgeable transformed stories of women’s electrical ineptitude into homilies that justified men’s control of women’s communication” (p. 24). Nevertheless, Martin (1991) notes that women’s use of the phone did not align with the male designers’ intentions for it (p. 146). Co-opting it for their own purposes, women shaped the conventions for use of this early technology (p. 141). This is instructive to a techno-centric field that often seems to believe that women are afraid of technology, its own history to the contrary

2024 Michigan Kritik
Fem K Organizing › XT › A: Human Nature/Competitiveness

Feminist insight crucial to building a better world- 1AC reliance on atomized economic methodology makes systemic change impossible

Dhruvarajan, PhD, 00

(Vanaja, Globalization: Discourse of Inevitability, and a Quest for a Just and Caring World, Society-Societe, 24:2)

Feminism provides an alternate world-view where the life sustaining activities women are assigned the position of prominence they deserve. Critical analysis of the current state of affairs by feminists has led to envisioning a better future. Many feminists have articulated these visions. There is a remarkable convergence o f broad principles underling these visions. They include a way of life where there is harmony with nature, cooperation and mutual respect among people and a pervasive concern for justice and care for all people. Such visions promote a holistic, interdependent world-view and social relations that emphasize cooperation (Mies and Shiva 1993; Gross 1996; Cooey 1991; Goldenberg 1990). A holistic approach to life includes several interrelated, interconnected and irreducible goals. Within this perspective, reproduction of life and the maintenance of health and well-being of all people are placed at the front and center of societal and individual objectives. This means that success in life is not measured by the amount of money one has or the number of goods collected, nor by the degree of control held over other lives. It means that we become conscious of the impact of our own lifestyles on others, and learn to live our lives so as to promote, not only our own health and well-being, but everyone else’s. We learn to resolve conflicts through peaceful means resisting the waste of resources for military build-up and armed conflict. The consequence is that resources can be spent on the reproduction of life and peaceful coexistence. We learn to think that difference does not mean inequality and that one style oflife is not necessarily better, as long as it is lived in a nonexploitative manner. A holistic approach also means that we do not consider nature/environment as something that is ‘out there', but consider it to be intimately connected to our lives. If we ruin the environment, we ruin our own health and well-being. The tendency to think in dualistic terms is avoided. This is important because one of the problems with the current life style is compartmentalization of activities in life. As producers/paid workers we do not care whether a given product has use value and whether it promotes human welfare. The only concern is whether it can sell and make maximum profit. Therefore slick advertising and sophisticated public relations strategies are adopted to sell the products. The products can be toxic chemicals, biological weapons of human destruction, or genetically modified food, the impact of which is not yet established. In addition, no attention is paid to environmental depletion, degradation or pollution. We, as consumers, must demand clean air and water, a safe environment and healthy food. As investors and shareholders of various financial institutions, the overwhelming concern is the return on our investment. Often no attention is paid as to how these returns are obtained. They may easily have been obtained by depriving people of their livelihood. We demand lower price on quality products but do not generally stop to think how it is obtained. As citizens we show concern about child labour in developing countries and make pronouncements of condemnation without stopping to think that, in most cases, child labour is required to make ends meet as the people are exploited by capitalistic greed. Relational analysis is required to shed light on these inconsistencies. Such practices are in vogue not only because pursuit of self-interest is promoted, but also because we are given to believe that some people are more deserving than others. This is particularly evident in contexts where people are different on the basis of gender, race/ethnicity, class or sexual orientation to name a few indices of social status. Difference often means hierarchy. PhilomenaEssed(1991), for example, has argued that EuroAmericans believe in racial and ethnic hierarchy because the belief systems made popular during colonialism and imperialism have become part of common sense knowledge. In general people do not see any inconsistency between believing in democracy and individual rights and considering non-white people as inferior. Such a belief in the coexistence of democracy and racism is labeled as democratic racism by Francis Henry (1995). Audre Lorde argues that much of western history has conditioned people to see themselves “in simplistic opposition to each other dominant/ subordinate, good/bad, superior/inferior” (1984:114). Such a belief system, she argues, is functional because, in a society, where good is defined in terms of profit rather than in terms of human need, there must always be some group of people who, through systematized oppression, can be made to feel surplus to occupy the place of the dehumanized inferior. (1984:114) She continues, somewhere, on the edge of consciousness, there is ... a mythical norm. In North America it is usually defined as white, thin, male, young, heterosexual, Christian, and fi nancially secure. {116) Under these circumstances acknowledging and respecting differences is threatening. Vandana Shiva (1994), arguing in a similar vein, writes that there is a link between the West’s long thought-war against cultural diversity and its legal and economic war against biodiversity, which currently threatens the global environment. She shows how knowledge monopolies work by enclosing, controlling and privatizing both biodiversity (diverse species) and cultural diversity (marginalized and third world knowledges). Her account of the links between western knowledge systems and the world-wide environmental crisis illustrates that neoimperialism is a world-system that privileges western countries and transnational corporations and those institutions they control, such as the World bank and the IMF. Coalition building is a difficult task under these circumstances. It requires patience and perseverance. Difficulties are mainly due to differences in power among groups due to the historical legacy of exploitation and domination. Patricia Collins (1986) proposes a model which she labels ‘matrix of differences’ to make a relational analysis among groups and individuals. She argues that various dimensions of social status such as gender, race, ethnicity and class are all simultaneous systems of action and meaning that intersect with one another and are interlocked to produce particular types of experiences for all people. These experiences become crystallized in institutional structures. Unequal relationships among people are routinely reproduced. To build coalitions across such differences, Kate Young (1988) argues that everyone, those who are in positions of domination and those who are in positions of subordination, must agree that it is in everyone’s strategic interest to stem the tide of environmental destruction, global poverty, consumerism and deterioration of quality of life. (7-9)

2024 Michigan Kritik
Fem K Organizing › XT › I: Structural Violence

Failure to attune scholarship to the gendered nature of globalization results in massive structural violence

Hawkesworth, PhD, 09

(Mary, Prof @ Rutgers, Policy discourse as sanctioned ignorance: theorizing the erasure of feminist knowledge Critical Policy Studies Vol. 3, Nos. 3–4, October–December 2009 )

The feminization of poverty refers to more than the fact that 70% of the poor globally are women; the ‘poor’ are constituted as a ‘feminized’ category, as dependent, subrational, and in need of direction (Kingfisher 2002). The transnational marketization of the care economy provides that direction through ‘the return of the serving classes’ (Sassen 2002, p. 259). The increase in low-wage work globally constitutes a ‘feminization of job supply’ (Sassen 2002, p. 259), as poorly paid workers are expected to adopt the self-sacrificing demeanor of the subaltern. Informalization and casualization constitute a ‘feminization of business opportunities’ (Sassen 2002, p. 263), as microfinance subjects increasing numbers of women to the stern discipline of the market’s ‘Invisible Hand’. The World Bank (2002) promotes the ‘feminization of survival’ as the solution to the problem of global poverty, and households, communities, and governments become increasingly dependent on women for their survival as the structural forces of globalization make the possibilities of poverty alleviation increasingly remote. The logic of ‘feminization’ is complex and contradictory. Women are simultaneously hailed as resourceful providers, reliable micro-entrepreneurs, cosmopolitan citizens, and positioned as ‘disposable domestics’, the exploited global workforce, and as displaced, devalued, and disenfranchised diasporic citizens. In the early 1980s, Christine Delphy (1984) argued that what made ‘women’s work’ distinctive was not the particular tasks involved but the requirement that those tasks be done in a relation of subservience. ‘Feminization’ replicates a mandate of subservience. Regardless of the tasks involved, feminization entails a logic of menialization, requiring that tasks be performed with a measure of servility. Where patriarchy required women’s generic subservience to men, feminization renders the ‘feminized’ (men and women) subservient to market imperatives, profit maximization, and commodification. Tim Kaufman-Osborn (2005, p. 5) has suggested that ‘feminization’ is a ‘strategy of power’ involving ‘scripted practices of subordination’, which work by cutting people off from the known and reassuring, casting them into the strange, and disorienting them to foster compliance. There is much about globalization that fits this description. Transnational migrants quite literally are cut off from all that is known and familiar, cast into strange homes in strange lands. Marketization in former socialist states superimposes the strange upon the remnants of a lost way of life. Deindustrialization and flexibilization of labor in emergent service economies disorients workers who can no longer rely on longterm employment at living wages. Structural adjustment policies cut people in the global south off from livelihoods built upon subsistence agriculture and subject them to the vicissitudes of export cropping, off-shore enterprises, urban and transnational migration, and radical restructuring of family and community life. The dimensions of feminization contrast starkly with neoliberal claims concerning the beneficial effects of globalization. Rather than promoting freedom, equality, self-determination, maximization of self-interest, and individual flourishing, feminization produces marked inequalities, which workers rendered docile and subservient accept with resignation. Rather than conforming to the ‘developmental logic’ of modernization discourses (CruzMalavé and Manalansan 2002), which suggests that the market obliterates ‘traditional’ cultures and relations, and establishes liberal individual freedoms in their place, feminization restores features of oppressive feudal relations, such as indentured servitude, servile relations, political disenfranchisement, and sexual slavery. Feminization challenges the central logic and the purported benefits of globalization and raises important questions about the long term prospects of the majority of the world population, the nature of women’s waged and unwaged work, the conditions of labor within the global economy, the scope of democratic practices within neoliberalism, and gendered power relations within families, communities, nations, global institutions and transnational arenas. Given the importance of such questions for policy-makers and policy analysts, why is this knowledge so routinely erased from mainstream globalization discourses? (275-6)

2024 Michigan Kritik
Fem K Organizing › XT › A: Growth

Rejecting the primary valuation of growth for growth sake allows alternative economic arrangements that better maximize human well being

Cook and Kabeer, PhDs, 23

(Sarah, GlobalDevelopment@NewSouthWales, Naila, Gender&Development@LSE, From economic growth to a wellbeing economy: notes for a feminist foreign policy chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://iwda.org.au/assets/files/Wellbeing-and-Feminist-Foreign-Policy-AFFPC-Issue-Paper-11-1-1.pdf)

[N]ow is the time to correct a glaring blind spot in how we measure economic prosperity and progress. When profits come at the expense of people and our planet, we are left with an incomplete picture of the true cost of economic growth. Our Common Agenda: Report of the UN SecretaryGeneral, 2021 It will be evident from this overview that for most governments and mainstream international institutions, growth remains front and centre of the policy agenda, even if prefaced by various aspirational adjectives that seek to incorporate concerns and critiques. The SDGs incorporated many concerns and critiques of earlier development approaches, but ‘sustained’ growth – albeit qualified by adjectives of ‘inclusive and sustainable’ – has remained prominent as a goal and key driver of development (Goal 8). The commitment to markets as the main driver of growth is evident in the continued commitment to working with the private sector to generate the resources that will translate these goals into concrete achievements. Nonetheless, in so far as challenges to the existing growth model are acknowledged in other goals, they have created space for wider debate, including about whether any level of growth as currently conceived and measured can be ‘sustainable’. Clustered at one end of the debate are proponents of the ‘green growth’ agenda. One version of this agenda envisages a reduction in resource, energy and material inputs through technological improvements and increasing production efficiency, while correcting market failures and using market instruments to hold other forms of degradation in check. Others argue that technology and markets cannot be the mechanisms to drive transformation to sustainability, which will require stronger action from government and society to build clean energy infrastructure. Both groups see continued growth as compatible with preserving the natural resources and ecological services on which future growth depends. The radical critique of growth takes issue with this assumption: it argues that the absolute decline in the use of energy and material inputs that is needed to reverse the climate crisis is unlikely to be achieved with the expansion of the economy as it is currently measured. This critique underpins the argument for ‘degrowth’, the move away from the growth imperative altogether in the interests of a good life for all within planetary boundaries. However, the concept has not been widely embraced by social movement activists, including those in the environmental justice movement, in the Global South. Many of these activists live in countries that continue to suffer from poverty and deprivation in the most basic of needs, and countries that have gone through ‘forced degrowth’ as a result of austerity policies. They consider some ‘growth’ to be necessary to achieve security of basic needs and some minimum level of wellbeing in these countrieslviii. Many also point to the ecological debt between the Global North and Global South. They argue that in any transition to a low-carbon or a degrowth economy, the main burden must fall on those that have historically contributed most to the ecological crisis we face today and that continue to have the largest ‘material footprint’. This will allow the redistribution of resources to meet social needs and build the beneficial infrastructure of modernization, such as electricity, water systems and the internet, for those that have contributed least to the crisis and have the smallest material footprintlix. We are now past the mid-point of the SDG timeline (20152030) and consideration is being given to how metrics of progress can continue to improve and evolve. As the opening quote in this section indicates, the UN Secretary General has declared his determination to address the blind spots in current metrics. In order to address the drivers of multiple, complex and ongoing global crises, whatever measures are adopted must look ‘Beyond GDP’. It is imperative that those who would like to see a feminist vision of the wellbeing economy inform and be incorporated into any new measures mobilize to make this a reality. Building links and common ground with other movements and constituencies that are pushing for a ‘beyond GDP’ agenda is also vital. Feminist foreign policy makers around the world have a critical role to play in shaping and sharing ideas, discourses and debates that question growth and provide alternatives, in the development of measures and data collection efforts that would feed into this process and in supporting these broader movements for change. We conclude by noting key features of a feminist approach to the wellbeing economy that resonate with the call to go beyond the GDP and the growth-led agenda. Feminist approaches vary in some respects but share certain core principles, which are shared by other movements for social justice. Central to a feminist vision is the answer to the question posed earlier regarding the purpose of growth. Growth is not an end in itself, with market forces determining what has value, what is produced for exchange and who consumes it; rather growth is a means to achieve ends that have intrinsic value. This would generally include care of family members, thriving communities, an absence of extreme inequalities, and a healthy environment. A radically different approach requires abandoning the overall pursuit of market-led growth as the primary objective of development. It recognizes the need for growth in key sectors that are fundamental to human and planetary sustainability, with the transition to an economy ‘that is organized around human flourishing and ecological sustainability rather than the constant accumulation of capital’lx. It recognizes also that continued growth is needed in poorer parts of the world and that their transition to a human-centred, low-carbon economy can be made possible through acknowledgement of the ecological debt. These ideas resonate with feminist principles as nicely spelt out in the following quote from UN Women: The alternative vision would not prioritize economic growth as an end in and of itself. Instead, it starts with basic questions about what the economy is for. If the main purpose of the economy is to support “the flourishing and survival of life”—as feminist economists have long argued—economic policies need to align with these goals. It would ensure sustainable livelihoods for all and would stop treating unpaid care work and the environment as limitless resources that can be used for free and depleted without cost or consequence. Instead, it would put economic policies at the service of sustainability, gender equality and social justicelxi.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Perm

The perm results in footnoting by legitimizing efficiency as the norm

McCluskey, JD Yale, 20

(Martha, Prof. Emerita@BufflaoLaw, Law and Economics Against Capitalism BUFFALO Legal Studies Research Paper Series Paper No. 2020 – 009 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3815158 )

Although the binary frame might seem to support feminist law reforms as special corrections of economic inefficiencies, 47 it makes such arguments suspect. By presuming efficiency is the economic norm, law and economics suggests that any particular harm to women (or others) generally represent individual failures to measure up to the demands of economic maximizing. Prominent law and economics scholar Richard Epstein deploys the binary’s master narrative to conclude that law should not prohibit even overt and irrational employment discrimination. 48 In the orthodox law and economics view, welfare-maximizing is best determined without legal second-guessing or costly oversight, since it defines the overall economic good as the aggregation of individual preferences unmediated by substantive governance. 49 In addition, in the orthodox narrative, any deviations from this naturally maximizing system are likely to be more effectively corrected by that system itself, as part of its presumed impartial and invisible pressures toward optimal equilibrium. For example, if an employer fails to hire the most productive workers due to irrational gender bias, then in this theory, market competition generally will force that employer to change or fail. 50 Even when law and economics arguments do not push as far as Epstein, efficiency arguments are a double-edged sword for feminism because they reinforce the idea that equality is normally a misguided and costly goal. Within this binary frame, antidiscrimination law will appear suspect even when targeting the most egregiously irrational unequal treatment. That is because implementing and enforcing formal equality rules will appear to require shifting resources and power from purportedly efficient and impartial economic production to courts and administrative agencies inevitably dependent on partial, subjective judgments of fact and value.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Perm

Perm preserves through transformation – the plan does nothing to dislodge gendered inequality at the heart of existing tort doctrine.

Martha CHAMALLAS Robert J. Lynn Chair in Law at Ohio State University AND Lucinda FINLEY Raichle Professor of Law at the University of Buffalo, SUNY ’20 in Feminist Judgments: Rewritten Tort Opinions eds. Martha Chamallas & Lucinda Finley p. 11-12

In a variety of ways, the opinions in this volume show that despite the facial neutrality of contemporary tort law, gender, race, and the personal identity of plaintiffs still affect the availability of tort claims, the prospects for liability and the measure of damages. Although doctrines change, the updated versions often reproduce gender disadvantages and other inequalities, even if in softer, less explicit forms. Legal historian Reva Siegel has described this phenomenon as “preservation through transformation,” a process by which a basic hierarchy may remain intact even though the legal rules and legal rhetoric surrounding it undergo substantial change.29 In fact, the basic hierarchy is preserved precisely because it has been updated to fit the sensibilities of the time. In law, a regime can soften, admitting more exceptions or providing somewhat more protection to a vulnerable group, without dislodging the basic power structure.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Perm

IP cannot be reclaimed- rotten assumptions at its core guarantee inequality

Mathew, JD/MPA, 21

(Sasha, A feminist manifesto of resistance against intellectual property regimes: reclaiming the public domain as an open-access information commons, Critical African Studies, 13:1, 115-126, DOI: 10.1080/21681392.2021.1909881 )

Can IP be reformed? The steady march of IP regimes across the global South has not been without resistance. We see the use of countervailing strategies and the application of IP law as a legal vehicle for ‘facilitating (or thwarting) recognition of diverse contributors to social discourse’ (Sunder 2006). The linking of identity politics (issues of recognition) with intellectual property (issues of redistribution) highlight the efforts of individuals from marginalized communities to resist appropriation and benefit materially from their own cultural production. Intellectual property law thus becomes more than a tool for incentivizing creativity and emerges as a terrain of struggle for social relations. The language of this struggle is voiced in terms of human rights, as both the Universal Declaration for Human Rights and the International Covenant on Economic, Social, and Cultural Rights affirm the right of all peoples to be recognized for and materially benefit from their cultural creations. However, the struggle of marginalized communities to benefit from their own production is not an even or fair one: the field is tilted. Their IP claims often do not succeed, not only because of the way the law is constructed, but equally because of their unequal bargaining capacities and resources (Sunder 2006). Consider how in India, Brahmin supremacy was sustained by their monopoly over education and the learning of English, and enforced by a violent system of intra– and inter-caste social restrictions and punishments (Chandra 2012). Even today, the upper-castes perceive themselves to be the natural inheritors of scientific research and practice in India; there is an appalling under-representation of Dalits, indigenous, and lower-caste groups in India’s leading scientific and technical institutions despite the fact they far outnumber the Brahmin minority. Access to knowledge production systems and to the markets that value this knowledge continue to be blocked by compounded access barriers. More pertinently, it is worthwhile to ask whether those long excluded from particular types of knowledge can truly be empowered upon the terrain of an alien epistemology built in tandem with social and political hierarchies whose very existence relied on scientific and moral justifications of inequality. Intellectual property regimes purport to be neutral, but at their core, they presume gendered, racialized, epistemological hierarchies. The philosophical underpinnings of the intellectual property rights regime exhibit the binaries that characterize male-oriented epistemologies: male/ female, public/private, scientific/primitive, rational/relational (Burk 2007). Feminist and decolonial ways of being and doing on the other hand, strive to transcend the binaries that naturalize domination and instead emphasize horizontality and mutuality. Feminist scholar Marion Crain (1857) advances an alternative vision of how women exercise power: ‘Power exercised in a community emanates horizontally, expanding outward in a web-like fashion, rather than vertically in a hierarchy (as quoted in Levy and Newman 2019, 119). In the current Information Age, as forces of capital chart out new public domains from which to generate monopoly rents, human experience and behaviour itself has become the raw material for finished ‘prediction products’ in advertising marketplaces, as Shoshana Zuboff has argued (Zuboff 2018). Private property is an unsuitable organizing principle for society in the Information Age. The opportunity to make meaning must be accessible to all on equal terms. In his Guerrilla OpenAccess Manifesto, Aaron Swartz declared that permitting those at elite universities, but not ‘children in the global South’ to access the world’s scientific and cultural heritage is ‘outrageous and unacceptable’ (Swartz 2008). And yet, as IP scholar James Boyle points out, much of 20th Century culture is ‘lost culture’. The inordinate tenure of copyright has ensured that copyrighted and commercially are unavailable because they have no identifiable copyright holder who could agree to ‘reprint the books, screen the films or play the songs’. Records are incomplete or absent (Boyle 2008, 9). As we become aware of the power relations at play in the construction and valuation of knowledge, we should endeavour to create alternative accounts of knowledge and value, rather than simply seek to extend existing protections to disempowered groups. We must attempt to imagine an orientation towards knowledge which values the abstract and relational, and locates value in non-market forms. In other words, we must, as Audre Lorde urges us, forge new tools to dismantle the master’s house.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: IP Inevitable

IP law is a contingent response to specific historical circumstances- its not natural or inevitable

Mathew, JD/MPA, 21

(Sasha, A feminist manifesto of resistance against intellectual property regimes: reclaiming the public domain as an open-access information commons, Critical African Studies, 13:1, 115-126, DOI: 10.1080/21681392.2021.1909881 )

As capital spills across borders, privatizing everything it meets, it relies upon the protective casing of law to smooth its course. The intellectual property law regime itself has been expanding in reach, driven forward by the chariots of international trade. Different knowledge systems have passed through the homogenizing mill of intellectual property law: stripped of all cultural context, their value is determined by market exchange mechanisms. Christopher Clapham notes that the expansion of Europe from the late 15th through 20th centuries, resulted in the establishment of a global system marked not only by Eurocentric military, administrative and economic power, but by structures of knowledge production including written languages …educational systems, and conceptual apparatuses such as the infrastructure of modern science, which themselves derive overwhelmingly from Europe’. (2020) The universalist claims of intellectual property regimes are thus problematic: as they steadily advance, expanding the frontiers of knowledge commodification, it is useful to remember that intellectual property as a legal regime mediates politics and economics (Grewal, Kapczynski, and Purdy 2017), transforming political hierarchies into economic value and presenting them as neutral, objective and ahistorical. Intellectual property regimes also illustrate how capitalism privileges efficiency over distributional claims (Chander and Sunder 2004). This paper begins by surveying recent scholarship that argues that intellectual property is a highly contingent, historically specific legal relationship, and by no means natural or given. The particular legal framework that intellectual property embodies is drawn from a patriarchal, Anglo-Saxon tradition, which in many ways was a predecessor of modern Western capitalism. An intersectional critique of the institution of intellectual property law follows– which is the f irst aim of this paper. Following extant critical scholarship, intellectual property law is named as a system of oppression and its gendered, racist, imperialist assumptions are exposed. I attempt to show that its vectors of power are systemic rather than individualistic; and address how it facilitates multiple, interlocking exclusions. The second aim of this paper is to build a normative argument for the revitalization of the public domain as a feminist decolonial enterprise. I conclude with a manifesto against contemporary enclosure movements and the privatization of the public domain.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Essentialism/TERF

Feminist critique rejects gender binaries imposed by IP

Moore 13

(Anne Elizabeth, Prof@SchoolofVisualArts, https://jacobin.com/2013/09/degendering-value 9-1)

For at least a decade, legal scholarship on gender bias in intellectual property rights has acknowledged the engagement of almost no one. Every academic paper published notes how small the field is; each researcher cites the two or three others they can; conferences feature the same key figures annually. Intellectual property rights is not a policy area to which women have paid much attention; nor have their cheerleaders, feminists. Widespread feminine disinterest in this particular form of law is matched nearly equally by its disinterest in women. Current and historic protection under intellectual property legislation has restricted access to economic and cultural viability along gender lines. In recent decades, similar bias has been found and corrected in civil rights, family and employment law, and domestic violence legislation. IP laws sit at the crux of several debates raging right now: concerns regarding women in the literary arts, for example, and the wage gap. The paucity of strong female roles in TV and film. Gender bias in post-recession job hiring. The skimpy costumes of female characters in comic books. The global economic condition of women. As women, we can no longer pretend that certain laws, because they do not adequately protect us, do not affect us. Under neoliberalism, poverty has grown more severe for women, as well as for trans and non-binary gender folk worldwide. IP laws don’t just quaintly reflect traditional gender roles, they reinforce them, valuing certain forms of cultural production but devaluing others. These values are then spread around the world through US media exports. There is no body of legislation more vital to the spread of capital worldwide than intellectual property rights laws. According to the US Congress, they accounted for 19 million jobs in the US in 2012 — 30% of all American jobs, according to the Office of Management and Budget. Protecting the IP industries, then, has become ever more vital to the logic of neoliberalism. Indeed, the logic seems to multiply, allotting ownership not only of products produced and of the means of production, but of the notion of producing in the first place. Note that the Berne Convention demands US copyright law follow US cultural production wherever it is distributed. Signing Berne is a prerequisite to membership in the World Trade Organization, which boasts 159 member states and governs overseas international trade throughout most of the world. Older, more hidden, and more intrinsic to the mechanics of global trade are patent laws, covered by the 1883 Paris Convention and the more recent WTO Agreement on Trade-Related International Property Rights, which dictate, conform to, and otherwise predetermine the bulk of the world economy. IP laws — copyright, in particular — are presently under scrutiny, and new legislation will soon be drafted. Arguably necessitated by the globalized digital age, our primary order of business in updating IP rights should be eradicating barriers — all gender barriers, as well as those of race, nationality, and physical ability — in access to opportunity. Even for those who would resist globalization. Even for those who plot its demise.

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Empiricism/Statistics

Their naive empiricism masks social inequality through evidence blindness-this card will deal them a statistically significant blow

Hawkesworth, PhD, 09

(Mary, Prof @ Rutgers, Policy discourse as sanctioned ignorance: theorizing the erasure of feminist knowledge Critical Policy Studies Vol. 3, Nos. 3–4, October–December 2009 )

Feminist accounts of the politics of knowledge offer a new way to understand intractable debates within disciplines, identifying new strategies of critique and new mechanisms for engaging controversies over contentious evidence and explanations. Feminist scholars encourage investigation of the contentious parameters of debate set by dominant paradigms. They insist on interrogating the categories of analysis established by prevailing theories, examining how those theories draw boundaries to demarcate their objects of inquiry, how terms are operationalized within those boundaries, and how gendered metaphors and analogies limit understanding. Indeed, feminist scholars have suggested that failure to contest contentious theoretical frameworks and methodological approaches can contribute to forms of evidence blindness that involve more than misperception or deception. In his discussion of extrinsic racism, Anthony Appiah (1992) introduced the problem of evidence blindness as a manifestation of a ‘cognitive incapacity’ to perceive evidence contrary to one’s beliefs. Although Appiah worried about the policy implications of a psychological account of evidence blindness, he suggested that racism so systematically deforms the psyche that a racist’s ability to integrate new information into his/her cognitive framework is literally impaired. The feminist conception of knowledge as a theoretically constituted human practice provides an alternate account and a richer resource for understanding evidence blindness. It not only avoids the difficulties of attributing psychological defects to those with intransigent views, but also provides an alternative to conspiracy theories of error associated with naïve versions of empiricism, which suggest that the mind is a mirror that accurately reflects objects in the external world (Watkins 1957, Rorty 1979). If our minds faithfully record and store objective depictions of all that happens, error becomes difficult to explain without resorting to a cynical imputation of manipulative motives. J.W.N. Watkins (1957, p. 95) pointed out long ago that certain versions of empiricism give rise to a conspiracy theory of error: ‘A certain intolerance of error is implicit in . . . empiricism as classically formulated . . . It implies that if two people are in serious factual or moral disagreement, at least one of them must be either the direct or indirect victim of some else’s willful deception or a willful deceiver.’ On this view, evidence blindness is a ruse for deceit. It marks the ‘will to power’ that manipulates, lies, distorts, and misrepresents in order to promote a particular agenda. While the intransigence of evidence blindness may make a conspiracy theory of error attractive, it also offers too facile an account. Relying on a mistaken account of knowledge, the conspiracy theory of error explains away a problem that it is important to take seriously. Naïve accounts of knowledge, which mistakenly assume the mind is passive and observation is direct and unmediated, neglect the critical role of language, culture, and theory in structuring perception and cognition. Feminist scholars suggest that the multiple mediations of knowledge that stem from language, culture, society, history, and complex theories about the world provide much richer resources for understanding problems of evidence blindness. The conception of cognition as a human practice suggests that evidence blindness may stem from tacit assumptions that structure perceptions, making some things appear normal, natural, unquestionable, given. Precisely because these assumptions are widely shared, they insulate beliefs from critical scrutiny. Rather than assuming that evidence is manifest, that facts speak for themselves, feminist analysis begins from the premise of plurality, acknowledging the existence of multiple perspectives, the partiality and incompleteness of accounts, and the role of theories in structuring perception and cognition. By examining tacit presuppositions of alternative accounts, feminist inquiry helps make visible sources of error overlooked by mainstream approaches, probing how such errors may preclude perception of evidence advanced within alternate theoretical frameworks. Approaching evidence blindness with a sophisticated understanding of the complex interaction of theoretical assumptions, social values, and discipline-specific methods in the constitution of facticity enables feminist inquiry to examine dimensions of contention over evidence by interrogating value-laden presuppositions that structure perception and cognition, but which are open to critical reflection, and change. Feminist accounts of objectivity offer rich resources for identifying, understanding, and rectifying error. Given the advantages of analytical strategies that dispel the myth of the given, probe the tacit presuppositions of dominant discourses, challenge the naturalization of oppressive relations, engage difference and plurality, and avoid reductive explanations, one might well ask why these analytic tactics have not gained wider purchase within dominant academic disciplines, which embrace a conception of science as critical, non-dogmatic, committed to falsification, and open to correction through intersubjective contestation. Feminist attunement to the politics of knowledge suggests an answer to this question which challenges the openness of mainstream approaches to systematic critique. Few mainstream scholars read feminist work. Even fewer PhD-granting institutions offer courses that incorporate feminist scholarship or require familiarity with feminist methodology in qualifying examinations. Mainstream scholars refusal to engage feminist scholarship individually and collectively violates the norms of scientific inquiry that they purportedly embrace, norms that require engagement with conjectures, refutations, and counterevidence (Popper 1972a, 1972b, Lakatos 1970). Far from rooting out distortion and error, bias is replicated as erroneous accounts of the world are accredited. In this way, whether wittingly or unwittingly, mainstream scholars reproduce and legitimate particular modes of raced and gendered power. In marked contrast to their claims of neutral, objective inquiry, mainstream scholars are complicit in fostering a mode of evidence blindness better understood as sanctioned ignorance. Indeed, precisely because of mistaken notions of value-neutral inquiry, they insulate certain power hierarchies from investigation. In his essay on ‘The Uses and Disadvantages of History’, Nietzsche (1983, p. 76) offered an explanation of this mode of intellectual complicity with sanctioned ignorance: ‘It requires a great deal of strength to be able to live and to forget the extent to which to live and to be unjust is one and the same thing.’ In contrast to an ‘inability to perceive’, Nietzsche suggests that evidence blindness may involve an active process of forgetting, social amnesia as a protective camouflage that confers strength. Nietzsche’s insight is richly evocative of disciplinary dynamics in mainstream knowledge production. By assuring themselves that they offer neutral descriptions and explanations of empirical events, mainstream scholars insulate themselves from recognition of modes of injustice embedded in their own research technologies, while affording themselves a means to forget the injustice constitutive of life. Erasure of feminist knowledge within mainstream studies of politics and policy, then, may be part of the infrastructure of forgetting, sanctioned ignorance that masks and perpetuates constitutive power relations. To the extent that this is the case, social amnesia should not be allowed to masquerade as scientific knowledge. (283-5)

2024 Michigan Kritik
Fem K Organizing › 2NC › AT: Aff= True (Competitiveness)

Competitiveness/innovation aren’t objective phenomenon, they rely on social Darwinist assumptions

Calvert, PhD, 13

(Scout, Informatics@DonaldBren, Gendered Narratives of Innovation Through Competition: Lessons From Science and Technology Studies J. of Education for Library and Information Science, Vol. 54, No. 1—(Winter) January 2013)

I will start by examining the concept of competition. We typically understand competition as a sport or game with two or more opposing forces, ways of keeping score, and a clear endpoint that determines when the best rival has won. Competition is goal driven and rule-bound. Certain kinds of play are ruled in or out, and the criteria for winning or losing are explicit. This kind of competition tests the skill of players in relationship to one another. Sometimes competitions are between teams, and sometimes between individuals, and sometimes teams and individuals also compete against their own personal best. The kind of competitiveness that the 2011 ALISE conference theme invoked shares some things in common with games of sport. Two or more actors attempt to solve a problem of some kind, and there are objective measurements of some sort that serve to score the outcomes, which means there are also end points or measuring points. Unlike games, which have relatively few clear and agreed-on measures (primarily score) and agreed-on end points, market competitiveness has a plethora of measures. The idealized measurement for market success is when the consumer chooses one product or service over another. Profit is the seller-centric proxy measure of consumer interest. In this idealization, the consumer is the judge of the best product or outcome, at the best price: an indexical measure of competitiveness and innovation. Our idealized notion of competition as a generator of innovation black-boxes a host of processes for competition, including unfair practices, externalizing costs, marketing, deception, and deskilling. Hence, there is no guarantee that consumers choose the best products, or that the best products make it to market in the first place. And “best” is itself such a problematic measure: best for whom, in what ways? As these questions highlight, this kind of measurement can obscure unsavory elements of competition; for example, the extremely low cost of food in the US is underwritten by squalid labor conditions for migrant workers in agriculture. Scoring market success is not really about having the objectively best product. A given company might find ways to be profitable even when its product is not typically selected. Furthermore, the competition can be won not only by creating what others haven’t, but also by stopping them from creating. In other words, competition is no guarantor of creating new innovations or knowledge. Like a game, market competitions have winners and losers; this kind of competition is figured as a zero-sum game. In addition to the market rationale embedded in the concept of competition, there is another register of the term, which is an evolutionary one, with individualistic and social Darwinist overtones. The term evolution is often used in an unscientific, teleological way. We might describe an individual as highly evolved, when we mean more intelligent, ethical, spiritual, or rational. But evolution is value neutral and non-teleological; there is no guarantee that culturally important qualities will be the outcome of evolutionary processes. Evolution fits organisms to their environments: if competition for resources and reproductive competition pressures require more stupid and less attractive organisms, then more stupid and less attractive organisms will be the winners of the game.

2024 Michigan Kritik
Fem K Organizing › 2NC › FW/K Prior

Ignorance of gender impoverishes policy analysis

Hawkesworth, PhD, 09

(Mary, Prof @ Rutgers, Policy discourse as sanctioned ignorance: theorizing the erasure of feminist knowledge Critical Policy Studies Vol. 3, Nos. 3–4, October–December 2009 )

What counts as policy-relevant knowledge in this era of globalization? How are the parameters of inquiry fixed for policy analysts and policy-makers by epistemic frameworks that are seldom subjected to scrutiny? How do the prevalence of certain policy frames and the erasure of others provide insights into the politics of knowledge that structure contemporary policy studies? To shed some light on these questions, I will explore the comparative openness of the field of policy studies to neoliberal and feminist discourses on globalization. When the emergence of neoliberalism as a transformative force in policy circles is traced to the ‘Washington Consensus’ developed in the early 1970s, there is a striking parallel between the decades of neoliberal and feminist ascendance. Neoliberalism was birthed as a top-down policy strategy, which relied upon the policy-making power of nation-states and international financial institutions such as the World Bank and the International Monetary Fund (IMF) for its materializations. Feminisms1 erupted both within international organizations and institutions and as bottom-up mobilizations of women engaged in grass-root struggles in communities around the globe. Both neoliberalism and feminism envision a future, and combine activism, political interventions, and policy transformations to bring that future into being. Both neoliberalism and global feminism have sought profound changes in consciousness, attitudes, mentalities, expectations, not just of institutions and agencies of governance, but of individuals in their daily lives. Neoliberal globalism2 and global feminism have also devised similar multi-level formulae for success in achieving systemic changes, targeting transnational organizations, national governments, and individual consciousness as sites of transformation. At a rudimentary level, both transformative visions have required that activists who press for change ‘from the outside’ work with key government ‘insiders’ to secure changes in law and policy. Both also have involved the development of appropriate state and international policy machinery to achieve desired policy outcomes. Both have relied on transnational covenants and conventions to leverage change within particular nations. Over the past three decades, both have wrought profound changes in the world. Despite equally ambitious agendas, however, these two politically-inspired intellectual frameworks have experienced very different fates within the academy. While neoliberalism has become the hegemonic frame, feminism has been largely ignored. Neoliberal globalism has profoundly transformed the study of politics and policy over the past three decades. Whether one’s focus is domestic, transnational, or international policy, neoliberalism has changed the terms of debate, challenging the adequacy of long established policy frames and instruments. Shifting attention to global flows of capital, labor, finance and trade, economic restructuring, innovations in technology and communication, changing dynamics of national sovereignty, and ‘democratization’, neo-liberalism has disrupted established understandings of key policy actors and effects as notions of sovereignty, political determination, and national interest have been called into question. Discursive shifts introduced by neoliberalism are at once systemic and radically incomplete. They are systemic in that any ‘competent’ policy analyst (or social scientist for that matter) has to grapple with the complexities of global glows, transnational networks, fast-changing information technologies, marketization and the literatures that probe these dynamics if his/her work is to pass muster. They are radically incomplete, however, in that neoliberal discourses, like their predecessor paradigms in political science and policy studies, tend to omit gender, race, ethnicity, and sexuality as categories of analysis. Policy studies within neoliberal frames routinely neglect feminist scholarship and the critical insights that accrue from consideration of the majority of the world’s population (women) and the constitutive power relations among men and women of particular races, ethnicities and nationalities across the world.3 The neglect of feminist scholarship in mainstream policy discourses is all the more puzzling because feminist scholars working in fields of political economy, international relations, development studies, policy analysis, philosophy, history, and women’s studies have spent the past four decades investigating the dramatic economic, political, and technological transformations associated with neoliberal globalism.4 They have demonstrated that globalization is a thoroughly gendered and racialized phenomenon. And they have illuminated how race and gender operate as sites of power within processes of globalization, explicating the mechanisms within traditional scholarship that ‘naturalize’ and ‘normalize’ embodied hierarchies, rendering raced and gendered power relations invisible. My goal in this essay is to sketch some of the crucial feminist policy insights that are routinely erased from mainstream scholarship and to probe that continuing erasure. Toward that end, I will advance several hypotheses to account for persistent omissions that are too pervasive and too costly to be taken as simple oversights. (268-9)

2024 Michigan Kritik
Fem K Organizing › 2NC › FW/K Prior

The ballot should privilege questions of epistemology and method- failure to do so allows bias to taint the policy making process

Hawkesworth, PhD, 09

(Mary, Prof @ Rutgers, Policy discourse as sanctioned ignorance: theorizing the erasure of feminist knowledge Critical Policy Studies Vol. 3, Nos. 3–4, October–December 2009 )

It is possible to generate many hypotheses to account for the exclusion of feminist knowledge from mainstream discourses. Perhaps the most blatant hypothesis might give explanatory weight to changing configurations of power over the past four decades as neoliberalism gained ascendancy in Western nations. On this view, policy studies simply mirror prevailing power relations. Rather than ‘speaking truth to power’, policy studies accredit views that are useful to those in power. If, however, as the prevailing norms in social science suggest, truth is independent of power, then other grounds for the neglect of feminist scholarship should be considered. At a slightly less cynical level, one might posit fundamental incompatibilities between mainstream scholars’ desire to work within the system and the incrementalism and commitment to stability that accompany that stance, and feminist scholars’ emphasis on social change. One might consider disciplinary definitions of what counts as policy issues worthy of investigation and probe the complex ways that the rational actor model, the organizational process model, and the bureaucratic politics model of policy-making (Allison 1971) render women in particular, and race and gender more generally, invisible or insignificant. One might examine the continuing effects of Western demarcations of public and private spheres, as well as formal versus informal sectors of the economy, on the definition of institutional practices warranting policy investigation. At a methodological level, one might look at the potent consequences of treating race and sex as control variables in a quest for universal explanation, which both naturalizes and renders invisible processes of racialization and gendering that reproduce and preserve hierarchies within the current world order. Much could be learned from sustained investigation of each of these hypotheses. In addition to presumptions concerning incrementalism, policy questions worthy of investigation, the fruitfulness of particular models of policy-making, and understandings of race and sex as demographic variables rather than socio-political processes, I would like to suggest that fundamental epistemological assumptions, which inform policy studies, contribute to the erasure of feminist knowledge. Fundamental disagreements about ‘the politics of knowledge’ give rise to sanctioned ignorance. Dominant approaches to policy studies remain committed to the principle that ‘scientific policy analysis is and ought to be value neutral, ethically detached, and confined to predicting the consequences of alternative policy actions’ (Dunn 1983, p. 1, see also Hawkesworth 1988). Value neutrality as a regulative ideal is intended to free policy research from bias, distortion, and willful manipulation, to enable policy scholars to capture ‘the world as it is’. Yet it is precisely this assumption about the possibility of valueneutral inquiry that feminist scholars have called into question. Feminist scholars have devoted a good deal of attention to the examination of methodological ‘neutrality’ in the natural and social sciences. Their investigations have revealed extensive androcentrism in diverse research methods manifested in the selection of problems deemed worthy of investigation, research design, definition of key terms and concepts, decisions concerning relevant evidence and counter-examples, data collection and analysis, interpretations of results, and assessments of practical falsifications (Bleier 1979, 1984, Fausto-Sterling 1986, Hubbard et al. 1982, Eichler 1980, Westkott 1979, Stanley and Wise 1983). Contrary to claims of neutrality, feminist research has demonstrated a pervasive level of sexism in scientific research that renders women invisible, ignores women’s concerns, precludes elicitation of certain kinds of information about women, reproduces gender stereotypes in the operationalization of terms, denies that gender might serve as an explanatory variable in any instance, and reverts to functionalist explanations that accredit the status quo (Kelly et al. 1987, Benston 1982, Vickers 1982, Farganis 1989). Sandra Harding has suggested that not only are the concepts, methods, and conclusions of inquiry permeated by androcentrism, but sexism also influences the recruitment of personnel in science and the evaluation of the significance of scientists’ research. ‘If women are systematically excluded from the design and management of science and their work devalued, then it appears that neither the assignment of status to persons within science nor the assessment of the value of the results of inquiry is, or is intended to be, valueneutral, objective, socially impartial’ (Harding 1986, p. 67). And Margaret Benston (1982, p. 59) has concluded that ‘present science practices a kind of “pseudo-objectivity” where because they are not taken explicitly into account, subjective factors are uncontrolled and unaccounted for.’ In contrast to methodologies developed in accordance with positivist assumptions about knowledge production, which explicitly deny any political dimension to ‘scientific’ inquiry, feminist research acknowledges that particular political convictions inspire its existence. Feminist convictions attune scholars to power dynamics that structure women’s and men’s lives. By making power dynamics visible, probing silences, absences, and distortions in dominant paradigms, feminist inquiry challenges established explanatory accounts and identifies new questions for research. ‘It is the political commitment that feminists bring to diverse fields that motivates them to focus attention on lines of evidence others have not sought out or thought important; to discern patterns others have ignored; to question androcentric or sexist framework assumptions that have gone unnoticed or unchallenged; and sometimes to significantly reframe the research agenda of their discipline in light of different questions or an expanded repertoire of explanatory hypotheses’ (Wylie 2000, p. 16). Noting that methodologies involve philosophical questions about the nature of knowledge, as well as practical questions concerning strategies of inquiry, feminist scholars have pointed out that methodologies are group-specific and as such political. The appropriate methodology for any particular inquiry is a matter of contestation as scholars often disagree about the ‘way to truth’. Strategies that are accredited as legitimate means to acquire truth gain their force from decisions of particular humans; thus there is a power element in the accreditation of knowledge. Power is never the only factor involved, but neither is it a negligible factor. Feminist scholarship suggests not only that politics is embedded in the research process, but that particular political commitments improve the quality of analysis, heighten objectivity, and enhance the sophistication of research findings. Far from being a source of bias and distortion, feminist convictions and principles are deemed an asset to research. In marked contrast to positivist conceptions of science, feminist scholarship suggests that a commitment to struggle against coercive hierarchies linked to gender, race, and sexuality, a commitment to promote women’s freedom and empowerment, and a commitment to revolt against institutions, practices, values, and knowledge systems that subordinate and denigrate women, enhance the truth content and deepen the insights of feminist accounts of the world. Thus feminist scholarship not only breaks with but denies the possibility of guiding precepts of positivism, such as value-neutrality, norms of distanced, dispassionate research, and the quest for universal explanations. (276-8)

2024 Michigan Kritik
Fem K Organizing › 2NC › FW/K Prior

IP law is incoherent- our hegemonic understanding obscures the contradictions of capitalism and occlude alternative ways of relating to knowledge

Mathew, JD/MPA, 21

(Sasha, A feminist manifesto of resistance against intellectual property regimes: reclaiming the public domain as an open-access information commons, Critical African Studies, 13:1, 115-126, DOI: 10.1080/21681392.2021.1909881 )

Intellectual property as a historically and politically contingent institution Patents, copyrights, and trademarks as the ‘deeds to the property of the informational age’ (Kapczynski 2017) form an important terrain in the struggle against inequality and subordination, because scientific and cultural knowledge is inextricably linked to social and political power. Property is an institution contrived to serve the interests of the dominant classes, but it has lacked historical or geographic consistency (Macpherson 1978). Property represents a political relationship among people; a set of rights and claims, foremost among which is ownershipcontrol of access, disposal and benefits. The extension of ownership to knowledge and products of the mind, has now come to occupy hegemonic status, taken as granted as the status quo, but was markedly absent in pre-modern civilizations (Hesse 2002). While copyrights, patents and trademarks all have existed as ‘historically distinct phenomena’ and intellectual property is not a single historical category, for our present purpose it suffices to note that the key elements of intellectual property arose within, and represent, the historical and political conditions of postEnlightenment Western European capitalism (Darch 2017). Ownership as exclusion and value assignment as market-mediated, are not representative of the wide variety of relationships between persons and ideas, which have characterized non-Western and pre-modern societies (Hesse 2002). For instance, ancient Chinese thought placed value on the preservation, interpretation and transmission of knowledge, rather than originality; and while there was commerce in the ‘vessels’ of ideas, the ideas themselves could not be owned (Hesse 2002, 27). Similarly, in the Islamic tradition, knowledge came from God; it had guardians, but not owners. The means of transmission was largely oral recitation, and while texts had authors, attribution of authorship was a matter of ‘textual integrity’ and authentication, rather than ownership (Hesse 2002, 28). Intellectual property also faltered when confronted with indigenous knowledge systems because the nature of the knowledge itself challenged the ways in which IP attempted to transform knowledge into commodity. For instance, indigenous cultural knowledge emphasizes generational continuity and oneness with natural ecosystems; attempts to separate or alienate this knowledge, damages it (Harding 2003). These alternative approaches are often grounded in a sense of responsibility, rather than claims and entitlements. Recent scholarship in human rights draws attention to the ways in which the global human rights regime deprioritizes responsibilities as essential correlates to rights (Sikkink 2020). Intellectual Property (IP) as a set of rights and claims is a politically contingent institution that arose out of Western political philosophies. IP scholars invoke Lockean labour theory of property as a foundational philosophy of IP: ‘every man has a property in his own person’, from which it follows that ‘the labour of his body, and the work of his hands…are properly his’ (Macpherson 1978). Hegel’s conception of one’s ideas as an expression of self-consciousness have also been used to justify an ownership relation to ideas (Callahan 2017b, 70). As Macpherson pointed out, the institution of property itself represents the two contradictory elements of market societies: self-sovereignty and citizenship– which is a ceding of sovereignty to the state. However, ‘possessive individualism’, which offers a foundational justification for ownership of private property, cannot sustain a robust conception of social or political obligation (Callahan 2017b, 70). In pre-modern, as well as Socialist and Marxist practice, a more collectivist social ethos has conditioned the development of IP differently than in the West. Russia, China and Cuba have all been criticized for not adopting and enforcing the IP regime instituted by the US and Western Europe (Chander and Sunder 2004). While they are considered natural elements of capitalist economic systems, IP regimes encode an embedded contradiction: they deter competition by conferring monopoly rights to intellectual products (Perelman 2017, 56). Monopolies on the production of knowledge offer rents vastly disproportionate to those set by competitive markets, since the marginal costs of knowledge production are trivial (Perelman 2017, 56). In a way, they expose the contradictions of capitalism, which do not rest upon markets that are truly free, but rather, represent the considerable efforts of capital to secure itself toward accumulation and advantage. In this instance, by lobbying for expanded and more stringent IP protection. Interrogating assumptions The systems of intellectual property law developed by industrialized Western countries and codif ied in international legal regimes, operate to transform ideas and knowledge into a form amenable to market valuation and exclusion of access. In doing so, it encodes several assumptions that when interrogated seriously, destabilize its own claims of neutrality. For the purpose of my present analysis I focus on copyrights and patents, and interrogate their key premises from an intersectional standpoint.

2024 Michigan Kritik
Fem K Organizing › 2NC › 2NC Epistemology

We must evaluate economics from the outside in- dominant modes of thought and their androcentric assumptions don't just structure economics, they structure the political process we use to select policies and the moral attitudes we use to chose between them

Harding, PhD, 95

(Sandra, Can Feminist Thought Make Economics More Objective, Feminist Economics 1:1)

How might we accomplish our tasks of systematically identifying values and interests that constitute scientific projects, and thus that tend not to vary between legitimated observers, and of specifying the difference between those that enlarge and those that limit our knowledge? First, we can reflect on the familiar observation that it will be easier to identify the contours of a given conceptual scheme or paradigm from "outside" than from within its categories, concepts, puzzles and other preoccupations that usually fill up the entire horizon of our thought. We want to start off our thought from "elsewhere." Of course, there is nowhere that is outside all culture; there are no vantage points anyone could find that are not themselves also discursively constructed within power relations: that was the delusion of weak objectivity and its neutrality ideal that must be abandoned. Nevertheless, we still have useful resources, for we can start thinking from within another, different framework that enables us to look more objectively at our usually favored one. Where might we find one? Here, we can reflect on a second familiar observation that ways of life or distinctive kinds of activities tend to give rise to distinctive ways of thinking and seeing the world. What we do both enables and limits what we can know. Of course the sciences incorporate this insight in their understanding of the importance of having diverse methods as resources: each enables the researcher to interact in different ways with the world, and so to have the chance to know different things about it. Feminists have developed this line of thought by arguing that if one starts off thought from the kinds of activities or "life worlds" assigned primarily to women in any particular historical situation (in any particular class, race, ethnicity, culture, etc.), one can gain different and valuable insights not only about those activities but also about the kinds of activities and thought that tend to be favored by those groups of men who are not expected to do such "women's work." For example, one would expect, and can find, distinctive kinds of moral reasoning and insights into how the dominant institutions work arising from child care, care of the elderly, the sick, and of people's bodies and emotions more generally that do not arise in the administrative/ managerial "head work" that constitutes ruling in our kind of society (Carol Gilligan 1982; Harding 1986, 1991; Nancy Hartsock 1983; Hilary Rose 1983; Dorothy Smith 1987,1990). The time and energy for some people to perform the abstract, mental labor of administrative/managerial work is created by assigning the work of caring for their bodies and emotions, and the bodies and emotions of everyone else, to others - primarily but not exclusively women. Thus "women's work" is a precondition for the existence of the "autonomous" thought and will of the ideal human figured in Western political and moral philosophy. Far from being autonomous, this thought and will turns out to be dependent on the thought and activity of women and other groups whose distinctive sociality Western political and moral philosophy devalues and marginalizes. Theories of the political, the social, the economic, the moral, the rational and the intellectual that fail to discuss the valuable distinctive forms of these human characteristics arising from "women's work" are the functional equivalent of sociobiology; in excluding women's activities from the proper domain of their study, they implicitly assign these activities to the natural and misunderstand the conditions for and nature of administrative/managerial work. "Women's work" disappears into the natural for men who still associate it with the "motherworld" they struggled to leave behind as they grew up. The economists cited earlier have started off thinking about economic relations from the perspective of women's activities rather than of the conceptual schemes in the dominant institutions, including the discipline of economics, from which women have systematically been excluded. Starting off our thought from the lives of those who are assigned body and emotional labor is an empirical and theoretical project. It does not automatically flow or erupt into the consciousness of those who perform it. Women have had to learn to characterize their activities in terms of a double-day of work, to recognize sexual harassment not as "boys will be boys," but as a violation of our civil rights; to see rape not as a consequence of our "asking for it" or of the inevitability of some deranged men acting out; to see their lower wages not as a reflection of their lower natural talents and abilities or their natural obligations to domestic work, but as a matter of economic exploitation. Feminist insights are empirical and theoretical achievements, requiring political and scientific struggles against the dominant institutions and their discourses. The point is that "legitimated" knowledge communities tend to come from, or aspire to, the same social strata as do managers and administrators - the "rulers" of modern societies. No wonder the conceptual schemes of economics, sociology, political science, philosophy and other disciplines "echo" those of the dominant public policies. The social sciences "work up" everyday life into forms suitable for administrators to process; philosophy justifies these forms as rational, objective and ethically ideal. (23-4)

2024 Michigan Kritik
Fem K Organizing › 2NC › 2NC Epistemology

Law and economics theories are dominant because of a concerted push by conservative actors, not empirical reliability. Aff evidence should be viewed with strict scrutiny

McCluskey, JD Yale, 20

(Martha, Prof. Emerita@BufflaoLaw, Law and Economics Against Capitalism BUFFALO Legal Studies Research Paper Series Paper No. 2020 – 009 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3815158 )

Examining the rise and fall of different approaches to law, prolific legal scholar Cass Sunstein asked, “[w]hy has Law and Economics had such staying power?”2 He describes both feminist legal theory and economic analysis of law as examples of how academic groups can create “informational cascades” where irrational influences of habit, reputational pressures, mass psychology, and emotional ties may lead academics to adopt bad ideas about law. 3 By assuming both feminism and law and economics deserve equivalent scrutiny for problems of “political correctness,” Sunstein’s analysis fails to consider whether the two approaches actually hold positions of similar power on the academic and political playing field. 4 A. Legal Theory in Political Economic Context Consistent with the law and economics orthodoxy, Sunstein’s behavioral explanation of how bad legal ideas can win unjustified influence does not take account of how the broader context of political, social, and economic power shapes behavior. Law and economics has received far more funding from private organizations outside of academia than any other contemporary school of legal thought. Moreover, those funders deliberately designed their investments as a strategy for transforming the politics of law. Omitting these dramatic differences from the picture obscures how the success of law and economics is related to feminism’s comparatively marginal position. Feminism will appear to be on shaky ground compared to law and economics if, like Sunstein, we assume that intellectual merit is mainly threatened by insufficient scholarly detachment from emotions or moral commitments. Proponents of orthodox law and economics have attributed its success to its distinctly neutral, scientific method of legal analysis, 5 apparently stripped of the contested politics, sentiment, and value judgments of other approaches. Although law and economics claims to depoliticize law, in contrast to legal feminism’s explicit focus on contesting power, the law and economics movement itself is steeped in a political and economic context of its own that deserves attention. Law and economics owes its influence to its receipt of vast resources from organizations working to oppose movements for equality and social justice. And although this influential legal theory makes self-interested material gain a dominant lens through which to evaluate law, it is striking that this lens has distinctly closed off analysis of the material special interests shaping its own theory, application, and impact. B. The Political Economics of Law and Economics As the most prominent organization leading the movement to reshape legal thought in the late twentieth century, the Olin Foundation spent over $68 million to develop and institutionalize the emerging approach known as law and economics. 6 The Foundation viewed this strategic investment in law and economics as its most significant and successful strategy for its success as a “venture capital fund for the conservative movement.”7 As its “premier project,” Olin provided the “financial and moral support” for specialized seminars attended by hundreds of U.S. law professors and thousands of judges (along with many other government officials and legal professions from around the world), with additional major funding from the Charles Koch Foundation, the Searle Freedom Trust, and major oil, insurance, pharmaceutical corporations with direct interests in judicial rulings. 8 A recent empirical study found that judges tend to rule more conservatively on a number of issues after attending these seminars. 9 Supplementing these seminars, Olin funding established law and economics centers within many U.S. law schools, 10 providing tens of millions of dollars for Olin programs at Harvard, Yale, and the University of Chicago, and many other schools.11 To further embed the approach in legal academia, Olin gave “a long string of six-figure gifts”12 solidified with ideological strings13 to transform George Mason University (recently renamed the Antonin Scalia Law School) into a specialized base for its law and economics approach. In addition, Olin collaborated with other major conservative foundations, industries, and wealthy individuals to develop an interconnected network of think tanks, law firms, and publications geared toward implementing and reinforcing the ideas, law reforms, and policy arguments generated by this newly influential academic approach. 14 This ecosystem cultivated core law and economics ideas as widely recognized, credible, and firmly established principles of sound thinking. In contrast, despite significant student and faculty interest, feminist legal theory has remained more at the institutional margins, with far fewer law school centers, fellowships, career pipelines, or well-funded and well-connected ties to policy institutions. 15 Though not exclusively targeting feminism, these institutional investments in law and economics were carefully designed to discredit support for egalitarian social change, especially targeting efforts to integrate economics with questions of race, gender, economic class, and power. In the early 1970s, a protest led by African-American students at Cornell University triggered arms manufacturer John M. Olin’s decision to transform his foundation into a leading producer of rightwing ideas building on his concerns that “socialist” policies of the New Deal and 1960s threatened “free enterprise” and capitalism.16 As Olin Foundation President William E. Simon explained, “the power to shape our civilization” should “reside in the free market.”1 Olin Foundation leaders chose law and economics as its primary project not out of academic interest, but rather for its strategic value in advancing and obscuring its right-wing political mission. 18 Olin’s Executive Director explained that “you couldn’t get into the law schools with programs targeted at constitutional law. . . . If you went in with constitutional law, you wouldn’t want Larry Tribe constitutional law, you’d want Bob Bork constitutional law. But you couldn’t go in and say that.”19 Law and economics “seems neutral but it isn’t in fact,” because it promotes a “philosophical thrust in the direction of free markets and limited government.”20 The Olin Foundation structured its academic law and economics funding to preserve overall alignment with its overarching ideological goals. 21 For example, when the AfricanAmerican law faculty director of Duke University’s Olin Center, Jerome M. Culp, Jr., commented on white supremacy in contemporary Supreme Court rulings, the Olin Foundation stopped funding the program, denying that the decision was directly related to the comment, but acknowledging it was motivated by disapproval of Culp’s “racial politics.”22 Further, the Olin Foundation worked closely with other politically motivated funders to link the law and economics message of an apolitical, optimizing market to a right-wing moral, cultural, and social mission explicitly embraced by their larger web of grantees. In particular, the think tank and law firm networks developed by Olin and its philanthropic allies promoted the idea that legal feminism illegitimately usurps the market’s superior protection of individual freedom, fundamental fairness, and societal well-being. For example, the Olin Foundation funded and shared leadership with the Center for Individual Rights,23 a nonprofit law firm focused on “economic liberty” that litigated the successful case to overturn a portion of the Violence against Women Act that was widely supported by feminists, on the grounds that it was an invalid regulation of commerce and illegitimately extended Congressional civil rights powers to private behavior. 24 The Olin Foundation also funded the Independent Women’s Forum, a libertarian group with close ties to conservative activists, originally formed to defend Supreme Court nominee Clarence Thomas against sexual harassment claims.25 This organization went on to similarly take stands in other high-profile feminist legal efforts, such as filing amicus briefs in opposition to the constitutional challenge to the exclusion of women from the Virginia Military Institute, a prestigious public undergraduate institution. 26 Olin’s active support for the conservative Manhattan Institute think tank further shows how leading funders of law and economics designed their institutional networks to actively disparage and marginalize legal feminism while advancing law and economics ideas. Heather Mac Donald, who long worked as the Manhattan Institute’s John M. Olin Fellow, built an influential career challenging the legitimacy of legal initiatives for gender and racial justice. In response to growing interest in feminist legal theory in U.S. legal academia in the 1990s, for example, the Manhattan Institute promoted a series of commentaries by MacDonald warning that feminist jurisprudence and critical race theory amount to a “dangerous flight from reason and logic,”27 causing many law schools to become “the scene of a full-scale attack on Anglo-American law by a new generation of minority and female professors.”28 Finally, the strategic and covert efforts to integrate orthodox law and economics with general right-wing moral and political ideology are perhaps most clearly represented today by the Federalist Society. The Olin Foundation’s support was “indispensable” to developing that organization into a legal and political powerhouse. 29 Far outstripping the influence and resources of its more liberal or centrist counterpart, the American Constitution Society, the Federalist Society has chapters in virtually every U.S. law school, with over 70,000 members and annual revenues reaching $26 million in 2016, thanks to ample funding from other major right-wing foundations such as Mercer, Scaife, and Koch. 30 The Federalist Society engages a broad audience of students and faculty by showcasing and normalizing conservative arguments on hot-button constitutional issues like gun control, affirmative action, abortion, and freedom of speech.31 Even while highlighting public law and “culture war” issues not directly associated with economic policy, these conservative arguments often share an underlying message of deference to unequal private power as the basis for moral and legal legitimacy. In particular, the Federalist Society organizes numerous lectures criticizing feminist legal protections as contrary to the fundamental freedom and rationality exemplified by individualized market choice. Beneath its public face as an academic debating society, the Federalist Society has recently gained notoriety for its covert role in organizing and funding a political transformation of the federal judiciary.32 The Federalist Society’s longtime executive vice president, Leonard Leo, who is also a private advisor to President Trump, has led a network of interrelated “dark money” organizations focused on raising hundreds of millions of dollars for right-wing political causes.33 Leo played a major role in securing the Supreme Court nomination of longtime Federalist Society member Brett Kavanaugh, 34 who overcame allegations of sexual assault with a display of outrage and victimization at being held to account for the women’s concerns. Expressing a view common among legal academics and policy experts, Leonard Leo responded to reports of the Federalist Society’s role in politicizing and monetizing control of U.S. courts, “I don’t waste my time on stories that involve money and politics because what I care about is ideas.”35 Indeed, Leo’s actions show that he cares especially about organizing (and obscuring) money and political power for right-wing ideas about law, and that his extensive time devoted to money and politics is not wasted by assuming legal ideas are best produced in impartial academic debates. 36 The ideas of law and economics no doubt contribute to its broad appeal well beyond its conservative funding base. The point of situating law and economics in a larger context of institutional motives and money is not to establish guilt by association, but rather to direct closer scrutiny toward the assumptions and consequences of these particularly well-funded ideas about law and economics, especially the claims to provide a distinctly neutral and rational tool for law and policy. As the next section demonstrates, influential law and economics ideas operate to undermine feminism, regardless of the intent or sincerity of those who adopt or credit these ideas.

2024 Michigan Kritik
Fem K Organizing › 2NC › --AT: TINA/Inevitability

The role of the intellectual is to challenge neoliberalisms discourse of inevitability- its the crucial first step in building a broad coalition to challenge exploitive practices of globalization

Dhruvarajan, PhD, 00

(Vanaja, Globalization: Discourse of Inevitability, and a Quest for a Just and Caring World, Society-Societe, 24:2)

A discourse of inevitability surrounds this process. This process is naturalized to such an extent that many people have come to believe that there are no alternatives. It is not that people are unaware of the negative consequences because the evidence is everywhere for people to see. It is that the feelings of helplessness are so widespread that many seem to have resigned themselves to accept that there are winners and losers in this game of life. The strategy often adopted is to explore ways and means to make the best of circumstances and try very hard to be a winner rather than a loser. But the reality is that there are very few winners and many losers. It is becoming obvious that if this trend continues the way it is proceeding the ranks of winners will shrink even further while the ranks of losers will continue to expand. It is not difficult to understand why people believe and behave the way they do when we realize that, even though we live in a democracy where each and every one of our interests should count, government policies favor the economic elite at the cost of rest of the population. Under such circumstances people come to believe that they have no influence over the direction of life. The events that unfold are experienced as beyond one’s control. Thus the general strategy is to try to make the best of bad circumstances. There is also a widespread conviction that markets somehow operate on their own and have a life apart from the rest of social life. There is a general lack of awareness that human agency is involved in this process and markets are controlled and manipulated by people. Markets are social constructions just as any other social institutions we have in society. One of the reasons for such a belief is that the markets are controlled by a select group of economic elite, and people in day-to-day life experience these events as natural and beyond their control. The media, generally controlled and directed by this powerful segment of the population, facilitates the spread of such misinformation. Most importantly, there is a firm conviction among some segments of the population that corporate sponsored globalization is good for everyone. It is based on the belief in the ntriekle down” theory of economics, which argues that strong capitalists produce jobs and pay their workers well because they need consumers to buy their products. Thus according to this theory there is a kind of symbiotic relationship between producers and consumers. Even though it looks good on paper, empirical evidence suggests that in practice it does not work that way. This is particularly so in the context of the current style of globalization where trade is borderless. The producers do not have to worry about having consumers for their products within their own countries. If there are not enough consumers in one place they go in search of another. But such awareness is not widespread and many people are still swept up by the mystique of a free market ideology, and they continue to advocate the practice of privileging corporate interests over the interests of people who are in need. For example, in the national and many provincial budgets in Canada, there is often no money to be found to address homelessness, child poverty or to clean up the environment to reduce health hazards. But banks and other corporations that make obscene amounts of profit lay off workers and get tax cuts. The corporations continue to propagate the rhetoric of competitive advantage but refuse to be held accountable for creating jobs and investing profits they make in the communities in which they made the profits. Instead they diversify their investments and move their operations to places where it is financially lucrative for them. For example Alcan in British Columbia obtained many concessions, such as no environmental review for their operations, and various tax advantages, but the people of British Columbia are not benefiting much from any of this since the company is investing its profits elsewhere and creating jobs in another country. Thus depleting the economy by subsidizing the corporations and lowering environmental standards is not in the public interest since the corporations have escaped from their obligations to communities from which they benefit. Sacrifices by local communities for the global adventures of corporations without any tangible benefits are not justifiable. The corporations not only do not want to have any obligations to the public while they enjoy many privileges, they also do not want to be accountable to governments. Through sponsorship of politicians by their donations to political parties and candidates corporations tend to have undue influence on government policies. There is an urgent need to reform the way we finance our election practices so that public interest will not be compromised. One way of doing it is to streamline the costs of the political process and collect funds from ordinary citizens by giving tax incentives. If nation/states become true democracies committed to serving the interests of all the citizens, not just the economic elite, the corporations will not be able exert undue influence on policies. More importantly, governments can pass laws that effectively control the antisocial behavior of corporations and hold them accountable (Langdon 1999). They could then no longer have all the rights without the accompanying responsibilities. On the global level also we need democratic institutions that can control the destructive, predatorial behavior of corporations and hold them accountable. It is important to realize that corporations behave the way they do because they are allowed to. Globalization of trade without global structures to enforce proper conduct on corporations that serve public interest is one on the reasons for our predicament (Hahnel 1999). Effective democracies that rule in the public interest would be able to control the belligerent behavior of corporations. If we have democratic structures on the international level where both rich and poor countries have effective voice, creditor and debtor relations can be reasonable and the trade relations can be fair. The immoral and unethical practice of collecting debt repayments many times more than what was given as credit, as has happened in places like sub-Saharan Africa, one of the poorest regions in the world, will not be allowed to happen. IMF collected $643 million more in repayments than it provided in new loans in 1997 and collected $390 million more in 1998 than it lent. The hit and run movements of speculative capital that strip societies of their wealth almost overnight can be stopped (as happened in Mexico in 1995 and Asia in 1997). International laws can be enacted and agencies put in place to protect people and the natural environment from the restructuring policies imposed by the creditors. All countries could have the freedom to construct their economies to suit their needs based on their history and culture and have a right to specify under what conditions capitalists can invest and withdraw their investments from their countries. Under such conditions the interests of children in Africa would be, for example, as important as those of the children in affluent countries. If we accept the truism that all life is precious, we can create enabling environments to protect, sustain and enrich all life. These issues do not even enter the debate because the neoliberal paradigm is not about justice, care or morality. It is only about serving one’s economic interests. All other concerns are external to this paradigm. Human life is not an end in itself within this ideological context but is a resource for economic enrichment. Even a discussion of morality, spiritual needs, quality of life is not possible in this context. But that is what life is about. Granted that we need economic resources to sustain ourselves to lead a moral and spiritual life. But we are not resources for the economy. Because the focus is only on profit maximization, within the neoliberal paradigm no cost other than the one with monetary value is taken into account. Instead, arenas that have life affirming and life enhancing values are invaded and converted into profit regimes. Patents and property rights are invading the civil commons thus affecting our health and wellbeing. As McMurtry (1998:24) writes, Civil Commons is ... the vast social fabric of unpriced goods protecting and enabling life in a wide and deep seamless web of historical evolution that sustains society and civilization”. No arena is sacred or beyond the reach of the greed of capitalist exploitation. The food we eat, the seeds we use to grow food, the water we drink, public spaces where we gather as a community, even our genetic makeup is being invaded by this profit regime. Corporatization of educational institutions is becoming the order of the day. Schools are getting computers on condition that they listen to commercial advertisements in the classroom. Corporate sponsored research is becoming commonplace in universities and hospitals. Commitment to this ideology is akin to religious fundamentalism. No alternatives are even debated or remotely considered as viable. In the context of religion, if people complain things are not working well, they are told that they are not religious enough. In the same way, if we point out that the free market economy is not working in our interest, we are prescribed more of the same. We are told that we need more deregulation, more competitive advantage, more efficiency and more and more concessions to corporations. We are constantly exhorted to race to the bottom. Once people wear these ideological blinders, they cannot even see the damages they are creating. For example, in atelevision interview during the recent meeting of the WTO, the world bank president was asked to explain the unrest of protestors outside against the WTO policies. His response was that the WTO has failed to communicate their ideas to people effectively. Therefore people do not understand the work the WTO does. In spite of the evidence of all the havoc that has been created in various parts of the globe where countless number of lives have been destroyed, all he could see was a failure of public relations. He just could not see or hear the pain and agony being expressed by people demonstrating outside who were in fact speaking for many millions more who could not be there. To confront this problem, we must first stop thinking that this process is inevitable and that there are no alternatives. We need to realize that if this process is inevitable, those who are in charge of implementing the project need not be so diligent in manipulating public opinion and controlling and directing politicians and bureaucrats. They do not have to insist on framing agreements in secrecy and be reluctant to discuss the means and goals openly and forthrightly. Obviously the project does not just happen. Those with vested interests are devising various strategies to implement the project. People need to know how the process of globalization is structured and whose interest it serves as well as the ideology behind it. In other words, they need to know the anatomy of this project. Raising such consciousness is the most important first step. As Gramsci argues (1987), the role of intellectuals and moral leaders cannot be overestimated in this context. But real change can come about only through broad-based grassroots participation. A social movement can have a broad social base when people in general are convinced that things do not have to be the way they are and that there can be a better way. Resisting globalization in its current form is obviously a monumental task. But grassroots movements have successfully resisted many such oppressive regimes historically. For examples of such resistance, one has only to read about, and reflect on the struggles in South Africa against the apartheid regime or the national liberation movement in India against the colonial regime as examples. In each case the discourse of inevitability was vocal and widespread. Anti-racist and feminist struggles are still going on in Canada and around the world. Even though some inroads have been made, we have a long way to go to achieve the goals of equality and justice. Discourses of inevitability regarding race and gender hierarchy are still evident. One of the reasons for the persistence of such discourses is that globalization in its present form is being built on the residual structures of patriarchy, colonialism and imperialism. A few gains made during decades of struggle are gradually being eroded. Feminization of poverty is a world-wide phenomenon (Vickers: in press). Control over life chances of nonwhite people all around the world, to a large extent, is not in their hands. This is true in the case of women in general also. Discussions are going on at the present time in different parts of the world among different groups of people to devise strategies to confront and resist this process and to transform society to address the needs of all people. Feminists are one such group engaged in such discussion. (4-7)

2024 Michigan Kritik
Fem K Organizing › 2NC › 2NC Alternative

The alternative enriches and sustains "objective" economic analysis by addressing analytical blindspots in traditional theorizing

Harding, PhD, 95

(Sandra, Can Feminist Thought Make Economics More Objective, Feminist Economics 1:1)

Feminists in the social sciences encounter a double burden in justifying their claims.' As Janet Seiz (1993: 190) puts the point: [F]eminist historians of thought seeking to demonstrate that gender bias has had serious consequences in economics can expect to meet with a double resistance: one, a resistance to feminist characterizations of gender relations and calls for change, and two, a resistance to any arguments about the role of external values in economic inquiry. The two issues are related since those who care about supporting women's values and interests are often perceived by the disciplines to be intruding damaging political elements into research that is presumed otherwise to be value-free. Should social values and interests play a role in economic inquiry? Here feminist researchers confront the fact that widely recognized problems with the old, self-confident "logics of explanation" for the natural sciences are still largely unrecognized or ignored in those mainstream social sciences that model their research processes on those of the natural sciences. It is dear now that the natural sciences always have been and, indeed, must be saturated not only with such science-wide, "constitutive" values as desires for accuracy, comprehensiveness and preserving the data, but also with more local, "contextual" values such as, for example, a fascination with scarcity, competition, hierarchy and accumulating power over others, or with plenitude, cooperation, equality, and distributing power as widely as possible.2 Everyone has always recognized the importance of the constitutive values and interests in advancing the growth of knowledge, for some such set is necessary to get sciences under way at all. It is only the contextual ones that have been thought problematic. According to the conventional philosophies of science, the methods of the sciences are supposed to eliminate these contextual kinds of normative elements from the results of research, leaving only "information" that is neutral ("positive") to those social, psychological, political and economic normative commitments that make societies culturally distinctive.3 However, feminists have joined other critics of the older philosophies of science in pointing out that contextual values, such as androcentrism, in fact function as constitutive ones (as Helen Longino, 1990, put the point) in all of the social sciences and biology, constructing scientific projects that express and serve the projects only of the dominant institutions from the design and direction of which women have systematically been excluded (cf. DonnaJ. Haraway 1989; Sandra Harding 1986, 1991; Evelyn Fox Keller 1985; Carolyn Merchant 1980). Parallel arguments have long been made about bourgeois, racist and Eurocentric values and interests (cf. Susantha Goonatilake 1984; StephenJay Gould 1981; Haraway 1989; Harding 1993; Ashis Nandy 1990; Joseph Needham 1969; Patrick Petitjean et al. 1992; Sardar Sardar 1988). Moreover, feminists have also shown that at least some of the constitutive values and interests, ones such as simplicity, comprehensiveness, and preserving the data, have political effects in the very same senses that contextual values do; thus they are not only "internal" or apolitical at all (cf., e.g., Longino, forthcoming). Finally, it has become clear that some contextual values and interests, instead of deteriorating the quality of research in the natural sciences, improve it (cf. Thomas S. Kuhn 1970; Needham 1969). Thus neutrality, in the sense of freedom from aU social values and interests, is neither possible nor desirable. If this is true for the natural sciences, on what grounds could it still be claimed possible and desirable to exclude all values and interests from social research? How ironic if the "positivist" philosophy now increasingly regarded as misleading for the natural sciences were to remain dominant only in the social sciences. The social sciences would benefit from more vigorously examining how for their research, too, these findings hold. First, economics research cannot achieve value- and interest-neutrality for it must be saturated not only with constitutive but also contextual values and interests. Second, contextual values and interests, ones that "intrude" from the social communities within which economics research occurs, often function as constitutive ones. And third, constitutive ones, themselves supposedly only internal to economics research and, therefore, neutral to contested external values and interests, in fact are not neutral in this way for they "take sides" with "external" value/interest positions. In economics, feminists have identified numerous androcentric values and interests that have shaped the fundamental concepts and analytic methods of economics. For example, Julie Nelson argues that the dominant definition of economics as dealing with "choice in the face of scarcity" reflects gender bias: Defining the subject of economics as individual choice makes the detached cogito, not the material world or real persons in the material world, the center of study. Nature, childhood, bodily needs, and human connectedness, cut off from 'masculine' concern in the Cartesian split, remain safely out of the limelight. (Nelson 1993a: 26; see also Nelson 1993b) Sociologist Paula England also argues that the archetypical rational economic man pervading economic theory is generated from an androcentric "separative model" of human nature. Consequently, economic models are likely both to represent men's life-experiences better than those of women and to serve men's interests at the expense of women's (England 1993). Diana Strassmann examines ways in which economists' seemingly neutral prescriptions regarding analytic method limit "the kinds of explanations that the discipline can provide" and constrain "the pattern of acceptable disagreement" in ways which make it extremely difficult for feminists and others working for social justice to be heard in the profession (Strassmann 1993a: 54-5; see also Strassmann 1993b). Nancy Folbre (1991) has traced the history of economists' concepts of labor and national income, showing how women's unwaged work in the home came not to be counted as part of what society counted as labor, and how the fruits of this work came to be excluded from society's "national product." In other work (e.g. 1982) she criticizes both neoclassical and Marxian economists for their unduly "rosy view" of economic relations between women and men in the household. (See also Heidi Hartmann 1981.) And Seiz (1992) discusses arguments about how the standard analytic techniques of mainstream economics obscure the exercise of power. (See also Seiz 1993.) These thinkers are arguing that an exclusive centering of those values and interests important to the dominant institutions can provide only a partial and distorted account of how economic relations actually work. In order to generate economic theory that is more comprehensive and accurate, research must value - be interested in - nature, childhood, bodily needs, human connectedness, women's work in the household, the gender-differing values and interests within every household and gendered power relations more generally. The neutrality ideal (ideal of "positivity") itself, they are arguing, has been shown to limit the empirical and theoretical adequacy of economic theories. However, in spite of feminism's undeniable challenges to conventional assumptions, feminist research can nevertheless still be justified in ways that are perfectly reasonable from the perspective even of those very same conventional philosophies of science, as Seiz and others have argued. In other words, the conventional philosophies of science contain conflicting assumptions about how to arrive at reliable knowledge claims; feminist projects force some of these conflicts to come to our attention. In periods of "normal research," to borrow a contrast from Thomas Kuhn's work, researchers don't have to pay much attention to such philosophical issues (Kuhn 1970). "If it's working well, don't fix it" is an economical way to distribute a research community's energies! But whenever challenges arise to the general adequacy of a field's knowledge claims rather than only to some specific claim, then researchers sooner or later find that they have to go back and re-examine the adequacy of the general assumptions they are making about such issues as the standards for objectivity, good method and the like. My project here is to show how the ideal of objectivity is one of those conventional resources that can be recovered for understanding how feminist research successfully addresses central concerns of the older philosophies of science as well as of feminist theory. However, it would be equally accurate to say that I am concerned to show how feminist research makes an important contribution to achieving more accurate, comprehensive, realistic and useful philosophies of sciences and research methods. The three decades of social studies of science referred to earlier (including feminist work) made clear that the neutrality ideal has weakened standards for maximizing objectivity, for it precludes actively seeking socially marginalized locations or vantage points - "standpoints" - from which to generate analyses capable of identifying and critically examining such culture-wide assumptions as Eurocentric or androcentric ones. The solution is not to abandon the goal of objectivity as many mainstream and some feminist theorists have argued, but to strengthen its standards. Standards for maximizing objectivity can and should be strengthened so that they are more useful for achieving the greater accuracy and comprehensiveness of scientific accounts that are not beholden to power. (7-11)

2024 Michigan Kritik
Fem K Organizing › 2NC › 2NC Alternative

Fixation on specific policy choices is epistemologically debilitating-only system wide analysis can uncover gender binaries that contribute to conflict

Zalewski, PhD , 1995

(Marysia, Well, What is the feminist Perspective on Bosnia?, International Affairs Vol 71 No 2, April)

The question in the title is one that feminist scholars working within international relations have been asked many times. The specific issue changes- it might be the Gulf War, or Somalia, or the Cuban missile crisis-but the enquiry is essentially the same. Probably the main reasons for the frequency of such questioning are the explosion of feminist work in the subject, and the fact that feminist theory has only recently infiltrated the academic discipline of international relations. Courses on gender/women/feminism and/in inter- national relations are proliferating in the United Kingdom, North America, Europe and Australia; PhDs on relevant topics are in progress; and many books, chapters and articles are being published. One might venture three possible reasons for these changes which have occurred in the last decade or so: more women students and teachers within the discipline; the desire to find more fruitful tools of analysis given the 'failure' of academic international relations largely to imagine, let alone predict, major changes in the international sphere such as the demise of the Soviet bloc, the crumbling of the Berlin Wall and the signing of the Arab-Israeli peace accord; and the breaking down of rigid disciplinary boundaries which has meant that international relations has been belatedly influenced by developments in subjects such as philosophy, politics and sociology. These changes, events and intrusions, it is argued, have led to a critical assault on the discipline, usually referred to as the 'third debate', whereby international relations as a discipline is accused of being reactionary, theoreticaliy naive, male-biased, gender-insensitive and generally ill-equipped even to start thinking about the problems of contemporary world politics in any more than a superficial way. These criticisms have come mainly from three broad groups: feminist theorists, critical theorists and post-modernists. My concern in this article is with one of these, namely feminist scholarship in international relations. I will start by looking briefly at a key feminist concept-gender. (339-40)